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John M. v. Board of Education of Evanston Township High School District 202

502 F.3d 708 (2007)

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John M. v. Board of Education of Evanston Township High School District 202

United States Court of Appeals for the Seventh Circuit
502 F.3d 708 (2007)

CS

Facts

John M. was a sophomore in high school who had Down’s syndrome. John’s parents (plaintiffs) and the Evanston Township High School District 202 (the district) (defendant) had agreed to an individualized education program (IEP) for John in middle school. John’s parents and the district had disagreed, however, about what specific services should be provided to John in high school. John’s parents filed an administrative review of the district’s high-school IEP, alleging that it did not comply with the requirements of the Individuals with Disabilities Education Act (IDEA). Once John began high school, he received somewhat different services than he had in middle school. John’s parents alleged that these changes violated the IDEA’s stay-put provision. The hearing officer held for the district. John’s parents appealed in federal district court and filed a motion for a preliminary injunction to return to the status quo of the services John had received at the middle school under the stay-put provision, pending the court’s decision. The district court granted the injunction, holding that the district had violated the stay-put provision, and the district appealed.

Rule of Law

Issue

Holding and Reasoning (Ripple, J.)

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